A Divorce Decree form is a legal document that officially ends a marriage, detailing the terms agreed upon by both spouses. It includes essential information such as the names of the parties involved, the grounds for divorce, and any arrangements regarding property and debts. If you're ready to move forward with your divorce, fill out the form by clicking the button below.
The Divorce Decree form is a crucial document that formalizes the end of a marriage in Texas. It encompasses several important sections that address various aspects of the divorce process. First, the form requires specific court information, including the court's name and cause number, to ensure proper identification of the case. Next, it identifies the Petitioner, the spouse filing for divorce, and the Respondent, the other spouse, along with their respective roles in the proceedings. The form also confirms the presence of both parties during the hearing, or notes if one party was absent but consented to the terms of the decree. Jurisdiction is a key element, as the court must establish its authority over the case and ensure that all legal requirements have been met. Additionally, if there are children involved, the form outlines custody arrangements and any existing court orders related to child support. The decree addresses property and debt division, highlighting Texas's community property laws, which dictate that assets and liabilities acquired during the marriage are generally shared. Lastly, the document concludes with a declaration of divorce, stating the grounds for the separation. Each section is designed to provide clarity and legal protection for both parties as they transition to a new chapter in their lives.
Print court information exactly as it appears on your Petition for Divorce
Cause Number:
IN THE MATTER OF THE MARRIAGE OF
Petitioner:
In the ______________
Court Number
Print first, middle and last name of the spouse filing for divorce.
And
Respondent:
Print first, middle and last name of other spouse.
District Court
County Court of:
County, Texas
Final Decree of Divorce
A hearing took place today, and the following people were present. There was no jury as neither the husband nor wife asked for one.
1. Appearances
Petitioner
The Petitioner’s name is: _____________________________________________________________.
FirstMiddle
The Petitioner represented him/herself and is the (check one):
(Check one box.)
Husband.
Last
Wife.
The Petitioner was present, representing him/herself, and has agreed to the terms of this Decree of Divorce.
The Petitioner was not present but has signed below, agreeing to the terms of this Decree.
Respondent
The Respondent’s name is:___________________________________________________________.
First
The Respondent is the (check one):
MiddleLast
The Respondent was present, representing him/herself, and agrees to the terms in this Decree.
The Respondent was not present but was served, filed an Answer, or signed a Waiver of Citation, and:
(Check all that apply.)
has signed below, agreeing to the terms in this Decree.
agreed in the Waiver that the judge can finalize the divorce, without giving the Respondent notice of this hearing.
has defaulted. The Petitioner has filed a Certificate of Last Known Address and an Affidavit of Non-Military Status. The Petitioner has also arranged for a court reporter to record the hearing.
© TexasLawHelp.org, Divorce Decree, No Children, October, 2011
Texas Family Code, Chapter 6; Texas Rules of Civil Procedure
Page 1 of 8
2. Record
A Court reporter recorded today’s hearing.
A Court reporter did not record today’s hearing because the Husband, Wife, and judge agreed not to make a record.
A Statement of the Evidence was signed by the Court.
3. Jurisdiction
The Court heard evidence and finds that it has jurisdiction over this case and the parties, that the residency and notice requirements have been met, and the Petition meets all legal requirements.
The Court finds that::
the Petition was filed more than 60 days ago.
Petitioner has an active Protective Order under Title 4 of the Texas Family Code, or an active magistrate’s order for emergency protection under Article 17.292 of the Texas Code of Criminal Procedure against Respondent because Respondent committed family violence during the marriage.
Respondent has a final conviction or has received deferred adjudication for a crime involving family violence against Petitioner or a member of Petitioner’s household.
4. Children
Children of the Marriage
The Court finds that the Husband and Wife do not have minor children under 18, or any adult, disabled children who are entitled to child support or medical support.
The Court finds that the Husband and Wife are the parents of the minor children listed below. The Court finds that a final court order for custody and support of the children was made in
________________ County, _____________ in Cause # ________________________________.
Name of County
Name of State
The court that made the order has continuing, exclusive jurisdiction of the children. No changes are made to the order in this Decree. A copy of the order is attached to this Decree, as Exhibit A, and is made a part of this Decree for all purposes, as provided for by Texas Family Code, Section 6.407.
(You MUST attach a copy of the order, and write Exhibit A at the top.)
State where child lives
Child’s name
Sex
Date of Birth now
1
2
3
4
5
6
Page 2 of 8
B.Pregnancy
The Court finds that the Wife is not pregnant.
Remember: You cannot finish your divorce
while the wife is pregnant.
C.Children Born during the Marriage, but the Husband is Not the Father
The Court finds that the Wife did not have children with another man while married to the Husband.
Remember: If the wife had children with
another man while married to the husband, you cannot finish your divorce until paternity of the children has been established. See Texas Family Code Section 160.204. Get more information about establishing paternity at www.TexasLawHelp.org.
The Court finds that the children named below
were born during the marriage, but are not the Husband’s children.
The Court further finds that paternity of each child has been established:
A court order has determined the father of each of child named below. A copy of the order is attached to and made part of this Final Decree of Divorce for all purposes.
An Acknowledgement of Paternity signed by the genetic father and a Denial of Paternity signed by the Husband has been filed with the bureau of vital statistics for each child named below. A copy of this document or documents is attached to and made part of this Final Decree of Divorce for all purposes.
(List all children born during the marriage, who are not the adopted or biological children of the husband.) (Paternity of each child must already have been established.)
Age
Date of Birth
1.
2.
3.
4.
5.
6.
If more than 6 children, list them on another sheet and write Attachment B at the top. Then attach it to this form.
5. Divorce
IT IS ORDERED that the Petitioner and the Respondent are divorced on the grounds of insupportability.
Page 3 of 8
6. Property And Debts
Note: Additional forms are needed to divide retirement benefits and to transfer title to real estate.
If you plan to divide retirement benefits or you jointly own a house or land with your spouse, do NOT use this form without first talking to a lawyer.
You can hire a lawyer just to give you advice and/or write the documents you need for a flat fee.
Call your local lawyer referral service or the State Bar of Texas Lawyer Referral Information Service at 1(800) 252-9690 for help finding a lawyer.
Texas is a community property state. This means that any new property or debt that either party obtains from the minute they are married until the minute the judge grants the divorce is community property, even if the property or debt is only in one spouse’s name.
All community property and debt should be included in the Final Decree of Divorce. There are a few exceptions to the law of community property. If either party receives a gift, an inheritance, or money from a lawsuit that does not compensate for lost wages, it is separate property. It is a good idea to confirm separate property obtained during the marriage as that individual’s separate property in the Final Decree of Divorce. More information about community and separate property can be found in the Texas Family Code, chapters 3,4, and 5.
The Court makes the following orders regarding the parties’ community and separate property:
Husband’s Property
Husband’s Separate Property
The Court confirms that the Husband owns the following property as his separate property:
House located at: _______________________________________________________________
Street Address
City
State
Zip
Husband owned this house before marriage.
Husband received this house as a gift or inheritance.
Land located at: ________________________________________________________________
Husband owned this land before marriage.
Husband received this land as a gift or inheritance.
3.Cars, trucks, motorcycles or other vehicles
Husband owned these vehicles before marriage or received them as a gift or inheritance during the marriage:
Year
Make
Model
Vehicle Identification No. [VIN]
4.Other Money or Property
Husband owned the following money or property before the marriage or inherited or received it as a gift during the marriage.
Husband received the following money from a lawsuit during the marriage. This money was not compensation for lost wages.
Page 4 of 8
Husband’s Community Property
The Court ORDERS that the Husband is awarded (gets) the following Community Property, and the Wife is divested of (doesn’t get) any interest, title or claim she may have to the property listed below.
Wife IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the Husband. Husband is responsible for preparing the documents.
1.All property in Husband’s care, custody or control, or in Husband’s name, that this Order does not give to the Wife.
2.House or land located at:
Legal Description:
3. Other real property located at:
(Check ALL that apply.)
4. All of the Husband’s employment benefits, including retirement, pension, 401(k), profit-sharing, and stock option plans that are in his name alone, along with all individual retirement accounts, such as IRAs that are in his name alone. (Note: If you want to divide retirement or employment benefits do NOT use this form. You will need additional forms. Talk to an attorney.)
7.
All cash and money in any bank or other financial institution listed in Husband’s name ALONE. Any insurance policy that covers the Husband’s life.
The Husband’s cars, trucks, motorcycles or other vehicles listed below
8.
The Husband will also keep the property listed below:
Page 5 of 8
Husband’s Debts
The Husband shall pay the debts listed below:
All taxes, bills, liens, and other charges, present and future, for all personal and real property that are in the Husband’s name alone or that this Order gives to the Husband alone, unless this Order requires otherwise.
Any debt Husband incurred after separation. Date of separation: _______________.
Month Day Year
The balance due on any loan or mortgage for the real property that this Order gives to the Husband alone.
The balance due on any loan for any vehicles that this Order gives to the Husband alone.
All other debts listed below, which are not in Husband’s name alone, such as credit cards, student loans, medical bills, income taxes:
Wife’s Property
Wife’s Separate Property
The Court confirms that Wife owns the following property as her separate property:
Wife owned this house before marriage.
Wife received this house as a gift or inheritance.
Wife owned this land before marriage.
Wife received this land as a gift or inheritance.
Wife owned these vehicles before the marriage or received them as a gift or inheritance during the marriage:
Wife owned the following money or property before the marriage or inherited or received it as a gift during the marriage.
Wife received the following money from a lawsuit during the marriage. This money was not compensation for lost wages.
Page 6 of 8
Wife’s Community Property
The Court ORDERS that Wife is awarded (gets) the following Community Property, and Husband is divested of (doesn’t get) any interest, title, or claim he may have to the property listed below.
Husband IS ORDERED to sign any deeds or documents needed to transfer any property listed below to the Wife. Wife is responsible for preparing the documents.
1.All property in Wife’s care, custody, or control, or in Wife’s name, that this Order does not give to the Husband.
State Zip
4. All of the Wife’s employment benefits, including retirement, pension, 401(k), profit-sharing, and stock option plans that are in her name alone, along with all individual retirement accounts, such as IRAs that are in her name alone. (Note: If you want to divide retirement or employment benefits do NOT use this form. You will need additional forms. Talk to an attorney.)
5. All of the Wife’s cash and money in any bank or other financial institution that is listed in her name ALONE.
6. Any insurance policy that covers the Wife’s life.
7. The Wife’s cars, trucks, motorcycles or other vehicles listed below:
The Wife will also keep the property listed below:
Page 7 of 8
Wife’s Debts
The Wife shall pay the debts listed below:
All taxes, bills, liens, and other charges, present and future, for all personal and real property that are in the Wife’s name alone or that this Order gives to the Wife alone, unless this Order requires otherwise.
Any debt Wife incurred after separation. Date of separation:______________________.
The balance due on any loan or mortgage for the real property that this Order gives to the Wife alone.
The balance due on any loan for any vehicles that this Order gives to the Wife alone.
All other debts listed below, which are not in Wife’s name alone, such as credit cards, student loans, medical bills, income taxes:
7. Name Change
The Court ORDERS the name of the (check one): Husband Wife back to the name used before marriage, as it appears below.
Middle
8. Court Costs
The Husband will pay for his court costs; the Wife will pay for her court costs.
9. Other Orders
The court has the right to make other orders, if needed, to clarify or enforce the orders above. Any orders requested that do not appear above are denied.
Date of Judgment
Judge’s signature
Approved as to Form and Substance:
By signing below, the Petitioner agrees to the form and substance of this decree.
By signing below, the Respondent agrees to the form and substance of this decree.
( )
Petitioner’s Name (print)
Phone number
Respondent’s Name (print)
Petitioner’s Signature
Date
Respondent’s Signature
Mailing
Address:
Address
Page 8 of 8
Once you have gathered all necessary information and documents, you can begin filling out the Divorce Decree form. This process requires careful attention to detail to ensure that all information is accurate and complete. After completing the form, you will need to submit it to the court for approval, which will finalize your divorce.
What is a Divorce Decree form?
A Divorce Decree form is a legal document that finalizes the dissolution of a marriage. It outlines the terms agreed upon by both spouses regarding various aspects such as property division, debts, and any children involved. This form serves as an official record of the divorce proceedings and the court's decisions.
Who needs to fill out the Divorce Decree form?
Both spouses, known as the Petitioner and Respondent, must fill out the Divorce Decree form. The Petitioner is the spouse filing for divorce, while the Respondent is the other spouse. Each party must provide their full names and indicate their roles in the divorce process. Accurate information is crucial, as it affects the court's jurisdiction and the final outcome.
What information is required on the Divorce Decree form?
The Divorce Decree form requires specific information, including the court's name, cause number, and the full names of both spouses. It also includes sections to indicate whether the spouses have children, details about property and debts, and any agreements reached during the divorce process. It is essential to complete all sections thoroughly to avoid delays in finalizing the divorce.
What happens if children are involved?
If the spouses have minor children, the Divorce Decree form must address custody and support arrangements. The court will require information about the children, including their names, ages, and any existing court orders regarding custody. If there are no minor children, this section can be marked accordingly. The court will not finalize the divorce until all child-related issues are resolved.
Can the Divorce Decree form be used for dividing property?
The Divorce Decree form can include provisions for dividing community property and debts. However, if retirement benefits or real estate titles are involved, additional forms are necessary. It's advisable to consult with a legal professional to ensure that all property division is handled correctly, as Texas is a community property state.
What if one spouse does not attend the hearing?
If one spouse does not attend the hearing, the court may still proceed if that spouse has been properly notified or has signed a waiver. The attending spouse must provide evidence that the absent spouse was informed of the proceedings. The court can finalize the divorce based on the agreements made, even in the absence of one party, provided all legal requirements are met.
Filling out the Divorce Decree form can be a complex process, and mistakes can lead to delays or complications in finalizing the divorce. Here are six common errors people often make when completing this form.
One frequent mistake is failing to accurately print the court information. It is essential to ensure that the court name and cause number match exactly as they appear on the Petition for Divorce. Any discrepancies could lead to confusion or even rejection of the form by the court.
Another common error involves the names of the spouses. Individuals may forget to include middle names or may misspell them. It's important to provide complete and correct names for both the Petitioner and the Respondent. Omitting a middle name or making a typographical error can create issues in legal identification.
People often overlook the requirement to check the appropriate boxes regarding the presence of the parties at the hearing. This section is crucial because it establishes whether both parties were present and agreed to the terms of the divorce. Failing to check the correct box can lead to misunderstandings about the status of the divorce proceedings.
Additionally, many individuals neglect to address the jurisdiction section properly. The court must confirm that it has jurisdiction over the case and that all residency and notice requirements have been met. Misunderstanding these requirements can complicate the divorce process and may require additional legal action.
Another mistake is related to the section on children. If there are children involved, individuals must accurately report their names, dates of birth, and other relevant details. Failing to include this information or incorrectly stating custody arrangements can result in future disputes or complications regarding child support.
Lastly, a significant error occurs when individuals do not include all community property and debts in the form. Texas is a community property state, meaning that all property and debts acquired during the marriage are typically considered joint. Omitting items can lead to disputes later on, so it is crucial to list everything comprehensively.
When navigating a divorce, several key documents accompany the Divorce Decree form. Each of these documents plays a crucial role in ensuring that the divorce process is handled correctly and that all necessary legal requirements are met. Here’s a brief overview of some important forms you may encounter:
Understanding these documents is vital for anyone going through a divorce. Each form serves a specific purpose, and failing to complete them correctly can lead to delays or complications in the divorce process. Take the time to familiarize yourself with these forms and seek assistance if needed.
Separation Agreement: Similar to a Divorce Decree, a Separation Agreement outlines the terms of separation between spouses, including division of property and responsibilities. Both documents aim to formalize the end of a marital relationship.
Child Custody Agreement: This document specifies custody arrangements for children post-divorce. Like the Divorce Decree, it addresses parental responsibilities and rights, ensuring the welfare of children involved.
Property Settlement Agreement: This agreement details how property and debts will be divided. It shares similarities with the Divorce Decree in that it legally finalizes the division of assets between spouses.
Marital Settlement Agreement: This document encompasses the terms of the divorce, including support and property division. It is akin to the Divorce Decree as both serve to conclude marital obligations legally.
Final Judgment of Divorce: This is a court order that officially ends a marriage, similar to the Divorce Decree. It includes findings of fact and conclusions of law, making it a legally binding document.
Affidavit of Support: While primarily used for immigration purposes, it can relate to financial responsibilities post-divorce. Like the Divorce Decree, it outlines obligations between parties.
Petition for Divorce: This document initiates the divorce process, laying out the reasons for the divorce and the relief sought. It is similar to the Divorce Decree as both documents are essential in the divorce proceedings.
Waiver of Citation: This document allows one spouse to waive their right to be formally served with divorce papers. It relates to the Divorce Decree as it can expedite the divorce process by simplifying court proceedings.
Temporary Orders: These orders provide immediate relief regarding custody, support, and property during the divorce process. They are similar to the Divorce Decree as both address the needs of the parties involved.
Final Order of Adoption: This document finalizes the adoption process, similar to a Divorce Decree in that it legally concludes the relationship between parties, whether through dissolution or creation.
When filling out the Divorce Decree form, it's crucial to follow certain guidelines to ensure accuracy and compliance. Here’s a list of what you should and shouldn't do:
Ensure that you accurately print the court information as it appears on your Petition for Divorce. This includes the court name, cause number, and the names of both spouses. Any discrepancies may lead to complications in the processing of your divorce.
Understand the importance of confirming jurisdiction. The court must have jurisdiction over the case and the parties involved. This includes meeting residency requirements and ensuring that all legal conditions are satisfied.
If there are children involved, be aware that the court will examine existing custody and support orders. You must attach a copy of any prior orders regarding child custody or support to the Divorce Decree, as it may affect the final decision.
Recognize that Texas is a community property state. This means that all property and debts acquired during the marriage are generally considered community property. Clearly outline the division of property and debts in the decree to avoid future disputes.